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Inappropriate personal conduct

Inappropriate personal conduct

Inappropriate personal conduct including sexual harassment in the legal profession

Inappropriate personal conduct includes sexual harassment, discrimination and workplace bullying. It is well documented that the legal profession has a problem with inappropriate personal conduct and, in particular, sexual harassment.

Anyone who has been subjected to, has witnessed, or has knowledge of, inappropriate personal conduct by a member of the legal profession can make a report to the Commissioner. 

The Commissioner has, for some time now, provided for confidential or anonymous reporting of inappropriate personal conduct by telephone or email with a dedicated staff member with specialised experience in this area. That will continue.

The Commissioner has launched an online tool to provide an additional avenue for the reporting by the targets or witnesses of inappropriate personal conduct. The new online tool, Speak safely, enables users to identify themselves or to remain anonymous throughout the process and to have control over how their report progresses including, if they want, to make a formal complaint at some future time.

The Commissioner encourages anyone who has been subjected to, has witnessed, or has knowledge of inappropriate personal conduct by someone in the legal profession to notify us.

Making a complaint or report

Anyone can make a complaint about inappropriate personal conduct. Not only a person who has been the target of inappropriate personal conduct, but also a person who has witnessed such conduct, and/or has knowledge of it.

You can make a formal complaint, which is managed via our regular complaints process, or you can provide a confidential or anonymous report. Confidential and anonymous contacts will be treated with the utmost respect, sensitivity, and confidentiality.

If you provide information anonymously, the Act does not permit the Commissioner to commence and conduct an investigation of it. Nevertheless, your report will be taken seriously and an anonymous report may assist the Commissioner in monitoring and gathering data regarding inappropriate personal conduct by lawyers.

Formal complaint

Make a Complaint here >

A formal complaint must be in writing, must identify the person making the complaint and must identify the legal practitioner the subject of the complaint. You can make a formal complaint by clicking on the 'Make a Complaint here' button above.

If you make a formal complaint we assess the complaint to determine whether it will be investigated. If the Commissioner decides to investigate we:

  • Inform the lawyer of the complaint and ask for their explanation.
  • Gather the available evidence from all available sources.
  • Make a decision which involves three possible outcomes:
    • The Commissioner takes no further action.
    • The Commissioner decides that the conduct amounts to unsatisfactory professional conduct and makes orders such as a reprimand, a fine or placing conditions on the lawyer’s practising certificate or may lay a charge in the Legal Practitioners Disciplinary Tribunal. In those circumstances you may be required to give evidence.
    • The Commissioner decides that the conduct amounts to professional misconduct and makes orders or may lay a charge in the Legal Practitioners Disciplinary Tribunal. In those circumstances you may be required to give evidence.

More detail can be found at the Complaint process pages for Consumers and Lawyers.

Speak safely - Online report

 Speak Safely here >

If you do not feel comfortable emailing or calling us, you can log a report using our online reporting tool, Speak safely, by clicking on the button above. Your report will go directly to the inappropriate personal conduct team. The tool is designed to make reporting incidents easier for you. Some key benefits are:

  • You can remain anonymous throughout this process or provide contact details if you wish (you can also switch from one to the other as you please before submitting your report).
  • There is a ‘quick exit’ button within the reporting tool that you can click to quickly leave the site if you are concerned about someone looking over your shoulder.
  • A list of support services is provided if you need assistance or support.
  • You can skip any questions to submit your report at any time.
  • You can select whether you want to be contacted or not, and your preferred method of communication.
  • Anyone can make a report; either the person who experienced the harassment or a third party or witness.
  • There is a free text area where you can tell your story in your own words. You can provide as much or as little detail as you feel comfortable.
  • If you are not sure what to write, there are some helpful prompts to assist you. You can upload supporting documents and evidence directly into the system.
  • You maintain control over how the matter progresses.

If you make a confidential or anonymous report:

  • You may decide later to lodge a formal complaint.
  • Your matter is finalised but your report may inform education/training or help us monitor hotspots of inappropriate conduct. Your information does not get released without your consent.

Telephone or email report

If you wish to make a confidential or anonymous report by telephone or email to a staff member with specialised experience you can do so by contacting Ms Nadine Lambert, one of the Commissioner’s investigating solicitors, directly on 08 8456 8870, or by email at bdh@lpcc.sa.gov.au.

If you make a confidential or anonymous report:

  • You may decide to lodge a formal complaint.
  • Your matter is finalised but your report may inform education/training or help us monitor hotspots of inappropriate conduct. Your information does not get released without your consent.

Assistance and support

If you are in danger or want to report a crime, you should contact SAPOL on 000.

If you require urgent medical or psychological assistance, you should contact your local doctor or the emergency department of your local hospital.

The following support services are also available to you:

Assistance in the legal profession

Sexual assault crisis services

General help lines